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By Mr. MERRICK : Q. Was it before or after you had been over to the jail that you saw Judge Pierrepont ?

A. I could not tell you whether it was before or after; I do not remember. I recollect seeing the judge, but wbether before or after I could not say.

Q. Do you recollect what time in the day it was you saw Judge Pierrepont? A. No, sir. I think now it was after the adjournment of the court in the afternoon.

Q. Did you leave for home that evening ?
A. No, sir. I did not leave for home until the next morning.
Q. You talked to the man who came into your store in Elmira to buy shirts ?
A. Yes, sir. I spoke to him the same as I would to any other customer.
Q. You have talked with the prisoner in jail?
A. I have.

Q. Mr. Cass, there are various modes of recognizing an individual; one by his moustache and his general look, and another by his general action and talk. Tell us, if you please, what is the basis of your opinion that this is the man you saw in the store?

A. Well, the first thing is, that the minute I saw him I recognized him as the man I saw in my store. I did so before I got near him. I saw at once that he was the man I had seen there.

Q. When you came to talk with him, did you recognize a similarity of voice and of action ?

A. Yes, sir; a similarity in his speech, which led me to suppose he was a Canadian.

Q. I understand you to say, then, that you recognized him the minute you saw him, and that after talking to him you recognized the voice and action? A. I did.

By Mr. BRADLEY : Q. Was there anybody else here from Elmira, three weeks ago, besides the gentlemen you have named? Do you remember a Mr. Miller being here? A. O, yes, sir. I saw Mr. Miller.

By the DISTRICT ATTORNEY: Q. Was the time you have mentioned the only time you ever saw the prisoner? A. The first time I saw him was in my store, and the second time was in jail. Q. How long did this conversation continue ?

A. Probably from five to ten minutes. It would not exceed ten minutes, probably not so much.

Q. You cannot state whether his hair was dyed at that time or not?
A. No, sir. I did not take notice enough of him to notice that.

By Mr. PIERREPONT:
Q. What made you think he was a Canadian when you saw him?
A. I had a friend of mine from Canada the fall before, wearing the same kind
Q. When you came to talk with him, did you still think he was a Canadian ?
A. Yes, sir; from the tone of his voice.
Q. And you recognized the same tone of voice in the jail ?
A. I did.
FRANK H. ATKINSON, sworn and examined.

By Mr. Bradley:
Q. Where do you reside?
A. In Elmira.
Q. State whether you have any public or private office there.

of a coat.

A. (Langhingly,) I have the honor of being an alderman of the city of Elmira.

Q. What is your business?

A. My principal business is that of a bookkeeper for the honse of Stewart & Ufford, in Elmira.

Q. Where were you occupied in April, 1865?
À. At the same place.
Q. But not in the same store where you are now?

A. No, sir. Our store was burned last winter. We were in Nos. 20 and 22 Lake street in April, 1805.

Q. Do you recollect of a gentleman coming into that store on the 13th or 14th of April with any peculiar dress ?

A. I do.
Q. Give us a general idea of the dress.

A. The only portion of the dress that I noticed particularly was the coat. It was, as I remember it, a coat buttoned up with a full row of buttons in front and on the sides ; with a belt fastening about the waist, and the skirt gathered into it below the waist.

Q. Do you remember the color ?

À. It was some dark color, either quite a dark gray or a dark blue; I think more likely the former.

Q. Did you hear him in conversation with anybody?
A. I did
Q. About what length of time was he there, do you suppose ?
A. I could not say. He was there probably ten minutes after I went in.
Q. With whom was he talking ?
A. He was talking with our cutter, Mr. Carroll.
Q. Have you any means of fixing the date?

À. The only means I have of knowing the date is this fact, that it was the time when one of our house was in New York buying goods. I made an entry in the cash book showing when he took money to go to New York, and when he got back from New York and settled his account.

Q. State when he left.
A. The date of his leaving is the 12th of April, 1865.
Q. The date of his return ?
A. The 15th of April, 1865.
Q. Have you ever seen that man since ?
A. I think I have.
Q. Where did you see him?
A. I saw him in the jail, above here.

Q. Is that the same man? (Pointing to the prisoner, who had been requested to stand up.) A. I bave no doubt but that is the same man.

you have any conversation with him at the jail ? A. I did.

Q. Was there anything in the tone of his voice and manner which would enable you to recollect?

A. Yes, sir; more especially in the manner. I do not remember the tone of his voice so much as the manner of the gentleman. I saw him and heard him talking. My attention was called particularly to him by his dress. I took particular notice of that, and it was his manner that impressed me with a recognition of him.

Cross-examined by Mr. PIERREPONT :
Q. Wont you open your book again and tell the jury what that book is ?
A. It is a petit cash book.
Q. Do you enter in that book all the cash that is received and paid out ?

Q. Did

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A. No, sir.
Q. What do you enter ?

A. We only enter the cash accounts on our ledger—sucli as merchandise, expenses, &c., and the individual accounts of members of the firm, and of the clerks, and of money loaned or borrowed, if such should ever be the case.

Q. Look at that book and read the entry there that relates to the business of one of the house.

A. The date is “ April 12th,” under the heading of “Loan account.” E. Ufford, New York, $105.” On the 15th, his charges, “ D. E. Ufford, expense, &c., in New York, $95 62.”

Q. From that you know when he left and when he got back ?
A. Yes, sir.
Q. When did he leave?
A. He left on the evening train of the 12th.
Q. When did he get back ?
A. He got back on the morning of the 15th.
Q. When was it you saw the man with the peculiar dress in your place ?
A. I could not state. It was either the 13th or 14th.
Q. Which?
Å. I could not say.
Q. Did he buy anything?
A. I do not know that he did ?
Q. Do you know whether he did or not?
A. I do not.
Q. If you sold him anything it would be entered, would it not?
A. No, sir; the amount of the sale would be entered, but not the individual
Q. It would be entered on something, would it not ?
A. It would be entered on a ticket, and then figured up on the cash aceount.
Q. It would go into the cash account, would it not ?
A. Yes, sir.
(Mr. Bradley. There would be nothing to show who made the purchase?
Å No, sir.)
Q. The amount would be known and appear on the cash book ?

A. Not the amount. In our business the amount of each sale is put on a ticket and that ticket placed upon a spindle. The aggregate of the tickets is footed at night, and that aggregate entered on the cash books.

Q. If one of you sold a coat on a particular day you would have something that would go to show who sold it?

A. We should if it was a coat to be made, and a measure to be taken; otherwise not.

Q. It would be either entered as a cash sale, or entered somewhere on your books?

A. No, sir.

Į. Could any person in your house sell a coat and put the money, in his pocket?

A. He might possibly do it.
Q. There was no way of knowing ?
A. No, sir.
Q. Was it the custom ?

A. I could not gay it was the custom to sell coats and put the money in the poeket. As I said before, the custom was, when a person made a sale, to pat the annount on a ticket, and place that ticket on a spindle. As I said before, the aggregate of the amount on the spindle was footed up, and entered on the cash book as a sale.

Q. What was done with the papers on the spindle ?
A. They were destroyed—that is, thrown into the waste-basket and burned

Q. And that is the way in which the entries would go upon the cash book a. Yes, sir.

Q. When did you next see this man after that day—the 12th, 13th, or 14th, or whenever it was?

A. I think I saw him in this room.
Q. How long ago ?
A. I should judge three weeks ago.
Q. Is his beard in the same condition now that it was three weeks ago ?
A. I should judge it was, or nearly so.
Q. Is it in the same condition now as it was when you saw him in Elmira?

A. His beard is of a different shape now from what I remember of its being then.

Q. Tell the jury how it was when you saw it at Elmira.

A. My impression is that the goatee was not as long then as it is now, and covered rather more of the surface of the chin.

Q. You are sure there was a goatee covering the surface of the chin at that time?

A. I am.
Q. Were there side whiskers then?
A. I do not remember any side whiskers.
Q. Was there any moustache then ?
A. If any, but a slight one. I think there was a slight moustache.

Q. The difference between the goatee now and then is, that then it covered more space?

(Mr. BRADLEY. And was not so long? A. Yes, sir.)

Q. Do you think it was of a lighter or a darker color than now, or of the same color?

A. It was very near the same color.
Q. There is no more difference than the ordinary dressing of it would make ?
A. Probably not. I did not recognize any material difference in the color.
Q. But what day of the month you are not willing to state?
A. No, sir; I could not say whether the 13th or 14th.
Q. Had you ever seen him before that time?
A. Not that I know of.
Q. Will you tell us at what hour of the day you saw him there?
A. It was after I came in from my lunch.
Q. What time of day?

A. I generally, and did at that time, have my lunch at baif-past 12. somewhere after that. It might have been 2 o'clock.

Q Do you think it was?

Å. I could not say positively. I went to my lunch at half-past 12, and my memory is, that when I returned from my lunch I saw this man there.

By Mr. BRADLEY : Q. I understand you to say that you have no doubt about this being the same man?

A. No, sir.
Joseph CARROLL sworn and examined.

By Mr. BRADLEY:
Q. Where do you reside?
A. In Elmira, New York.
Q. Where did you reside in April, 1865 ?
A. In Elmira, New York.
Q. What was your occupation at that time?

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